Differences between civil and criminal law Flashcards
What does civil law uphold
The rights of individuals against other individuals
What can be ordered in civil law
Compensation
What does compensation aim at doing
Putting parties in the position they would have been without a breach of law
What is criminal law aimed at
Trying to maintain law and order In society
What happens when an offender is found guilty if an offence in a criminal case
They are punished
What are the justifications for sending individuals to prison
Protection of society and deterrence of criminal behaviour
Who starts a case in civil cases
The individual or business who has suffered a loss
What is the person starting the case called in civil law
Claimant
What are criminal cases taken on
Behalf of the state
Who is responsible for conducting most criminal cases
The crown prosecution service
What is the person starting a criminal case referred to as
The prosecutor
Where do civil cases take place
In the high court or the county court
Where do family cases in civil law take place
Family court
What happens in court in civil cases
The judge will try the case, decide liability and set compensation amount
Where are criminal cases tried
Magistrates court or crown court
What does the magistrates court deal with
Les serious offences
Who tries a criminal case in the magistrates court
A panel of lay magistrates or a qualified district judge
What does the crown court deal with
Serious offences
Who tries a criminal case in the crown court
A judge with a jury
What does the judge decide in a criminal case in the crown court
Points of law
What does the jury decide in criminal cases
The verdict
Who imposes a sentence in the crown court
The judge
How must criminal cases be proved
Beyond reasonable doubt
Why do criminal cases have such a high standard of proof
Since a conviction could result in serving a long sentence and may have a profound effect on future life
How must civil cases be proved
On the balance of probabilities
What does the standard of proof mean in civil cases
The judge decides who is most likely correct
What does the difference in standard of proof mean
That it’s possible for a defendant who’s been acquitted in a criminal case to be found liable in a civil case based on the same facts
What can a defendant be found as in civil cases
‘Liable’ or ‘not liable’
What will the party found liable be ordered to do at the end of a civil case
Put the matter right as soon as possible usually through damages
How is a defendant found in a criminal case
‘Guilty’ or ‘not guilty’, or, ‘convicted’ or ‘acquitted’
